VIC What to Do When Falsely Accused of Domestic Violence?

[Titus]

I want to know, in a case of domestic violence in family court, is it prudent to counter accuse the person accusing, especially if the accused is fighting for visitation rights to children?

 

[Alan Blumberg]

Best to resist any accusations of violence if possible. Allegations should really be reported to authorities when they happen. Hard to be credible on retrospective allegations.

 

[Titus]

Thanks Alan, appreciate your answer.

Also needed to know: if an intervention order has been not been received, does it still stand or does it not apply until received?

 

[SamanthaJay]

Interesting question Titus. How do you know there is an intervention order? Often the respondent has no idea that an intervention order has been sought until it is served on them and often it takes weeks for the IO to actually be served on the respondent.

 

[sammy01]

I'm confused - are you the one fighting for access to kids or the one withholding access?

 

[Titus]

Perhaps I need to explain. I am a close family friend of the guy who is fighting for access. The reason I asked is because some of his other family members have also been served IVOs to stay away from his wife and kids ( they usually stayed away anyway as wife was very rude and hostile towards them), but some family members are visiting friends in another state and there is no reason why they would have been spared since its a pure case of vindictiveness on the womans part, and so am wondering if they've been served notices, will they stand even if not received yet?

I am also wondering if I can be or have been served with an IVO, since I am a friend of the guy and so in his wife's book a "hateful" party by association and the woman is proving to be quite vindictive and unstable as far as I can see. Will the police be obliged to serve me with an IVO if the woman so wishes, considering she doesn't seem to be short on cock and bull stories?

Perhaps I am jumping the gun here, but ever since I've heard of the predicament the guy's landed in (he's a decent enough bloke!) I just want to be safe and not get caught in the line of fire myself. Is it even possible to refuse to take the IVO?

Don't want to have to spend money to get it rid of it. Reason why I'm more concerned is because I am not Aussi myself but visit often, so am wondering in case of IVO, can I land into trouble when entering the country or applying for visas, etc? Not sure what to do to avoid this before it happens.\

Apologies about the rant but will appreciate all responses from insightful people.

Thanks

 

[Trying68]

I don't want to be out of place here or rude. I really believe a third party should not get involved. I realise you have best intentions. Normally, if there is a third party it only makes the situation worse.